Horst v Glogowski
2013 NY Slip Op 04486 [107 AD3d 1565]
June 14, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Brian Horst, Plaintiff, and Georgie Horst, Individually and as Parent and Guardian of Jennifer A. Ham and Another, Appellant-Respondent,
v
Gerald J. Glogowski, Respondent, and John T. Nothnagle, Inc., Doing Business as Nothnagle Realtors, Appellant.

—[*1] Knauf Shaw LLP, Rochester (Dwight E. Kanyuck of counsel), for plaintiff-appellant-respondent.

Bender & Bender, LLP, Buffalo (Thomas W. Bender of counsel), for defendant-appellant.

Milber Makris Plousadis & Seiden, LLP, Williamsville (Richard A. Lilling of counsel), for defendant-respondent.

Appeals from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered March 14, 2012. The order granted the cross motion of defendant Gerald J. Glogowski for summary judgment, dismissed the complaint against defendant Gerald J. Glogowski and denied the motion of defendant John T. Nothnagle, Inc., doing business as Nothnagle Realtors, for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Centra and Lindley, JJ.